Chapter 13.25


Article I. General Provisions

13.25.010    Purpose and policy.

13.25.020    Objectives.

13.25.030    Overview of chapter provisions.

13.25.040    Application.

13.25.050    Definitions.

13.25.060    Abbreviations.

Article II. Regulations

13.25.070    General discharge prohibitions.

13.25.080    Federal categorical pretreatment standards.

13.25.090    Modification of federal categorical pretreatment standards.

13.25.100    Specific pollutant limitations.

13.25.110    State of Oregon requirements.

13.25.120    City’s right of revision.

13.25.130    Excessive discharge.

13.25.140    Accidental discharges.

Article III. Fees

13.25.150    Fees.

13.25.160    Amount of fees.

Article IV. Administration

13.25.170    Wastewater discharges.

13.25.180    Wastewater contribution permits.

13.25.190    Reporting requirements for permittee.

13.25.200    Monitoring facilities.

13.25.210    Inspection and sampling.

13.25.220    Pretreatment.

13.25.230    Confidential information.

Article V. Enforcement

13.25.240    Harmful contributions.

13.25.250    Revocation of permit.

13.25.260    Notification of violation.

13.25.270    Show cause hearing.

13.25.280    Legal action.

Article VI. Fines and Costs

13.25.290    Penalties.

13.25.300    Fees and costs.

13.25.310    Falsifying information.

13.25.320    Toxic pollutants list.

Article I. General Provisions

13.25.010 Purpose and policy.

This chapter sets forth requirements for the discharge of industrial wastewater into the wastewater collection and treatment system of the city of Burns and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR, Part 403). [Ord. 753A (Art. I § 1), 2002]

13.25.020 Objectives.

The objectives of this chapter are:

(1) To prevent the introduction of pollutants into the city wastewater system which will interfere with the operation of the system or contaminate the resulting sludge and effluent waters.

(2) To prevent the introduction of pollutants into the city wastewater system which will pass through the system, inadequately treated, into ground waters or the atmosphere or otherwise be incompatible with the city effluent disposal system.

(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(4) To provide for equitable distribution of the cost of the city wastewater system. [Ord. 753A (Art. I § 2), 2002]

13.25.030 Overview of chapter provisions.

This chapter provides for the regulation of discharge to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, and requires user reporting. [Ord. 753A (Art. I § 3), 2002]

13.25.040 Application.

This chapter shall apply to the city of Burns and to persons outside the city of Burns who are, by agreement, users of the city wastewater collection and treatment system. Except as otherwise provided herein, the city shall administer, implement, and enforce the provisions of this chapter. [Ord. 753A (Art. I § 4), 2002]

13.25.050 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the following meanings:

(1) “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

(2) “Approval authority” means the Director of the Department of Environmental Quality for Oregon.

(3) “Authorized representative of industrial user” may be:

(a) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

(b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

(c) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the industrial discharge originates.

(4) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).

(5) “Building sewer” means a sewer conveying wastewater from the premises of a user to the city system,

(6) “Categorical standards” means National Categorical Pretreatment Standards or Pretreatment Standard as established by the Environmental Protection Agency.

(7) “City” means the city of Burns or the common council of Burns.

(8) “City’s collection and treatment system” means the collection and treatment system which is owned by the city of Burns. This definition includes any sewers that convey wastewater to the city treatment plants, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, the city collection and treatment systems shall also include any sewers that convey wastewaters to the treatment plant from persons outside the city of Burns who are, by agreement with the city of Burns, served by the city’s wastewater system.

(9) “City’s treatment plants” means that portion of the city’s system designed to provide treatment to wastewater.

(10) “Compatible pollutant” means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the city’s water pollution control facilities permit, where the treatment plant treats such pollutants to the degree required by the city’s permit.

(11) “Control authority” shall refer to the “approval authority,” defined under subsection (2) of this section or the city if the city has an approved pretreatment program under the provisions of 40 CFR 403.11.

(12) “Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(13) “Director of public works” means the person designated by the city to supervise the operation of the city’s owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

(14) “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.

(15) “Grab sample” means a sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without consideration of time.

(16) “Holding tank waste” means any waste from holding tanks such as chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks,

(17) “Incompatible pollutant” means all pollutants other than compatible pollutants as defined in subsection (10) of this section.

(18) “Industrial discharge” means the discharge or the introduction of nondomestic pollutants from any source, this includes partial domestic and partial nondomestic wastewater, regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the city’s collection and treatment systems (including holding tank waste discharged into the system).

(19) “Industrial user” means a source of discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the city’s collection and treatment systems (including holding tank waste discharged into the system).

(20) “Interference” means the inhibition or disruption of the city’s treatment processes or operations which contributes to a violation of any requirement of the city’s D.E.Q. permit. The term includes prevention of sewage sludge use or disposal by the city in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title V of SWDA) applicable to the method of disposal or use employed by the city.

(21) “National categorical pretreatment standard” or “pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

(22) “National prohibitive discharge standard” or “prohibitive discharge standard” means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.

(23) “New source” means any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

(24) “National pollution discharge elimination system permit” or “NPDES permit” means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(25) “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

(26) “pH” means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(27) “Pollution” means the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

(28) “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

(29) “Pretreatment” or “treatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city’s sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).

(30) “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

(31) “Shall” is mandatory; “may” is permissive.

(32) “Significant industrial user” means any industrial user of the city’s wastewater disposal system who (a) has a discharge flow of 50,000 gallons or more per average work day, or (b) has a flow greater than five percent of the flow in the city’s wastewater treatment systems, or (c) has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act, or (d) is found by the city, D.E.Q. or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system.

(33) “State” means the state of Oregon.

(34) “Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(35) “Storm water” means any flow occurring during or following any form of natural precipitation and resulting therefrom.

(36) “Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

(37) “Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.

(38) “User” means any person who contributes, causes or permits the discharge of wastewater into the city’s collection and treatment facilities.

(39) “Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions whether treated or untreated, which is contributed into or permitted to enter the city’s collection and treatment systems.

(40) “Waters of the state” means all streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. [Ord. 753A (Art. I § 5), 2002]

13.25.060 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD – Biochemical oxygen demand.

CFR – Code of Federal Regulations.

COD – Chemical oxygen demand.

EPA – Environmental Protection Agency.

l – Liter.

mg – Milligrams.

mg/l – Milligrams per liter.

NPDES – National Pollutant Discharge Elimination System.

O&M – Operation and maintenance.

SIC – Standard Industrial Classification.

SWDA – Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.

TSS – Total suspended solids. [Ord. 753A (Art. I § 6), 2002]

Article II. Regulations

13.25.070 General discharge prohibitions.

No person shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will or is likely to interfere with the operation or performance of the city’s wastewater collection and treatment systems. These general prohibitions apply to all persons whether or not subject to national categorical pretreatment standards or any other national, state of Oregon, or local pretreatment standards or requirements. A person shall not discharge the following substances into the city’s sewer systems in such amounts that interfere with the operation of the sewer systems:

(1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewer system or to the operation of the pump stations and treatment plant. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides and any other substances which the city, the state of Oregon or EPA has notified the users is a fire hazard or a hazard to the systems.

(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spend lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spend grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding, or polishing wastes.

(3) Any wastewater having a pH less than 5.0, or higher than 11.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the collection system, pump stations or treatment plant.

(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with maintenance of the wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving water of the plant or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

(5) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

(6) Any substance which may cause the treatment plant’s effluent or any other product of the plant such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the plant is pursuing a reuse and reclamation program. In no case shall a substance discharged into the system cause the treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state of Oregon criteria applicable to the sludge management method being used.

(7) Any substance which will cause the treatment plant to violate its state disposal system permit.

(8) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to dye wastes and vegetable tanning solutions.

(9) Any wastewater having a temperature which will inhibit biological activity in the treatment plant, but in no case wastewater with a temperature at the introduction into the system which exceeds 65 degrees Celsius (149 degrees Fahrenheit) for users with a daily wastewater flow of 25,000 gallons or more.

(10) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference to the treatment plant. In no case shall a slug load have a flow rate, or contain concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities, or flow during normal operation.

(11) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the state of Oregon or federal regulations.

(12) Any nondomestic wastewater which causes a hazard to human life or creates a public nuisance. [Ord. 753A (Art. II § 1), 2002]

13.25.080 Federal categorical pretreatment standards.

Upon the promulgation of the federal categorical pretreatment standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this code section. The city shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. [Ord. 753A (Art. II § 2), 2002]

13.25.090 Modification of federal categorical pretreatment standards.

Where the city’s wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. “Consistent removal” shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95 percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, “General Pretreatment Regulations for Existing and New Sources of Pollution” promulgated pursuant to the Act. The city may modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the approval authority is obtained. [Ord. 753A (Art. II § 3), 2002]

13.25.100 Specific pollutant limitations.

No person shall discharge wastewater containing in excess of:

0.5 mg/l arsenic

0.05 mg/l mercury

0.5 mg/l cadmium

1.5 mg/l nickel

1.5 mg/l copper

0.5 mg/l silver

0.5 mg/l cyanide

0.5 mg/l total chromium

1.5 mg/l lead

1.5 mg/l zinc

[Ord. 753A (Art. II § 4), 2002]

13.25.110 State of Oregon requirements.

State of Oregon requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. [Ord. 753A (Art. II § 5), 2002]

13.25.120 City’s right of revision.

The city reserves the right to establish by code section more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this code section. [Ord. 753A (Art. II § 6), 2002]

13.25.130 Excessive discharge.

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the city or state. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in this chapter, BMC 13.25.070, e.g., the pH prohibition.) [Ord. 753A (Art. II § 7), 2002]

13.25.140 Accidental discharges.

(1) User Responsibilities. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this code section. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by January 1, 2005. No user who commences contribution to the city’s sewer systems after the effective date of the ordinance codified in this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. In case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the city of the incident. The notification shall include location of discharge, type waste, concentration and volume, and corrective actions.

(2) Written Notice. Within five days following an accidental discharge; the user shall submit to the city a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the city’s facilities, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

(3) Notice to Employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees to call the city in the event of any excessive or abnormal discharge. Employers shall ensure that all employees who may suffer or cause any excessive or abnormal discharge to occur are advised of the emergency notification procedure. [Ord. 753A (Art. II § 8), 2002]

Article III. Fees

13.25.150 Fees.

It is the purpose of this chapter to provide for the recovery of costs from users of the city’s wastewater disposal system for the implementation of the program established herein. The applicable extra strength charge will be set forth in the city’s schedule of charges and fees. [Ord. 753A (Art. III § 1), 2002]

13.25.160 Amount of fees.

(1) The permit fees for sewer service for industrial wastes that require a pretreatment permit shall be as follows:

(a) Base fee for all industrial pretreatment permits: $50.00.

(b) Plan review for pretreatment and accidental discharge facilities: $50.00 minimum plus any additional actual cost.

(c) Minimum annual fee for monitoring inspections and surveillance: $75.00.

(d) Other fees the city determines are necessary to pay for carrying out the requirements of this code section.

(2) The above fees relate solely to industrial pretreatment and are separate from all other fees charged by the city, such as connection charges. [Ord. 753A (Art. III § 2), 2002]

Article IV. Administration

13.25.170 Wastewater discharges.

It shall be unlawful to discharge any industrial wastewater to the city’s sewer systems without first obtaining a permit from the city of Burns. [Ord. 753A (Art. IV § 1), 2002]

13.25.180 Wastewater contribution permits.

(1) General Permits. All significant industrial users proposing to connect to or to contribute added flow to the city’s sewer systems shall obtain an industrial wastewater discharge permit before connecting to or contributing to the system. All existing significant users connected to or contributing to the system shall obtain an industrial wastewater discharge permit within 180 days after being notified by the city.

(2) Permit Application. Users required to obtain an industrial wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city and accompanied by the appropriate fee set pursuant to Article III, Fees. Existing users shall apply for a wastewater discharge permit within 180 days after notification. In support of the application, the user, along with a professional engineer, shall submit, in units and terms appropriate for evaluation, the following information:

(a) Name, address, and location (if different from the address);

(b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(c) Wastewater constituents and characteristics, including, but not limited to, those mentioned in Article II of this chapter as determined by an EPA-approved analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;

(d) Time and duration of contribution;

(e) Average daily and three minutes peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

(g) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional O&M and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(i) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

(i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);

(ii) No increment referred to in subsection (2)(i)(i) of this section shall exceed nine months;

(iii) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the city.

(j) Each product produced by type, amount, process or processes and rate of production;

(k) Type and amount of raw materials processed (average and maximum per day);

(l) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(m) Any other information as may be deemed by the cities to be necessary to evaluate the permit application.

(3) Staff Review. The cities staff will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue an industrial wastewater discharge permit subject to terms and conditions provided herein.

(4) Appeals. Any applicant for an industrial use permit who wishes to appeal the administration of this code section may submit a written appeal to the Burns common council for review by the council.

(5) Permit Modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the industrial wastewater discharge permit or users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for an industrial wastewater discharge permit as required by subsection (1) of this section, the user shall apply for an industrial wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing industrial wastewater discharge permit shall submit to the city within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by subsections (2)(h) and (i) of this section.

(6) Permit Conditions. Industrial wastewater discharge permits shall be expressly subject to all provisions of this code section and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

(b) Limits on the average and maximum wastewater constituents and characteristics;

(c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

(d) Requirements for installation and maintenance of inspection and sampling facilities;

(e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(f) Compliance schedules;

(g) Requirements for submission of technical reports or discharge reports;

(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;

(i) Requirements for notification of the city or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

(j) Requirements for notification of slug discharges;

(k) Other conditions as deemed appropriate by the cities to ensure compliance with this code section.

(7) Permits Duration. The permits will not specify a specific time period. The permits will remain in force until there is any change in the wastewater discharge; changes in the terms of the permit or modifications in the requirements of this chapter; or if other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(8) Permit Transfer. Industrial wastewater discharge permits are issued to a specific user for a specific operation. An industrial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. [Ord. 753A (Art. IV § 2), 2002]

13.25.190 Reporting requirements for permittee.

(1) Compliance Date Report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the city’s sewer system, any user subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and prepared by a qualified professional engineer.

(2) Periodic Compliance Reports.

(a) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the city’s sewer systems, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in BMC 13.25.180(2)(e). At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city may agree to alter the months during which the above reports are to be submitted.

(b) The city may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Environmental Protection Agency pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Environmental Protection Agency. Sampling shall be performed in accordance with the techniques approved by the Environmental Protection Agency. (Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Environmental Protection Agency.) [Ord. 753A (Art. IV § 3), 2002]

13.25.200 Monitoring facilities.

(1) The city shall require monitoring facilities to be provided and operated at the user’s own expense to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(2) There shall be ample room to allow accurate sampling and preparation of samples for analysis in or near such sampling manhole or facility. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(3) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Necessary construction shall be completed within 90 days following written notification by the city. [Ord. 753A (Art. IV § 3), 2002]

13.25.210 Inspection and sampling.

The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, state, D.E.Q., and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. [Ord. 753A (Art. IV § 4), 2002]

13.25.220 Pretreatment.

(1) Users shall provide necessary wastewater treatment as required to comply with this code section and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this code section. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.

(2) All records relating to compliance with pretreatment standards shall be made available to officials of the city, EPA or state of Oregon D.E.Q. upon request. [Ord. 753A (Art. IV § 5), 2002]

13.25.230 Confidential information.

(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

(2) When requested by the person furnishing a report, the portions of a report which would disclose trade secrets or secret processes shall not be made available for inspection by the public, and may be redacted by the reporting person except as or when disclosure is required by the Oregon Public Records Law (ORS 192.410 to 192.505).

(3) Wastewater constituents and characteristics will not be recognized as confidential information. [Ord. 753A (Art. IV § 6), 2002]

Article V. Enforcement

13.25.240 Harmful contributions.

(1) The city may suspend the wastewater treatment service and/or an industrial wastewater discharge permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare, of persons, to the environment, causes interference to the treatment plant or causes the city to violate any condition of its operating permit.

(2) Any person notified of a suspension of the wastewater treatment service and/or the industrial wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the city sewer systems or endangerment to any individuals. All reconnection expenses shall be the responsibility of the user. In the event severance is necessary, the city shall use reasonable means to give notice immediately before severing the connection. The city shall reinstate the industrial wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence. [Ord. 753A (Art. V § 1), 2002]

13.25.250 Revocation of permit.

Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this article:

(1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or

(4) Violation of conditions of the permit. [Ord. 753A (Art. V § 2), 2002]

13.25.260 Notification of violation.

Whenever the city finds that any user has violated or is violating this chapter, or the industrial wastewater discharge permit, or any prohibition, or limitation of the requirements contained within this chapter, the city may serve upon such person a written notice stating the nature of the violation. Said notice may include a wastewater discharge limit as set by the city. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user. [Ord. 753A (Art. V § 3), 2002]

13.25.270 Show cause hearing.

(1) The city may order any user who causes or allows an unauthorized discharge to show cause before the common council or its designee why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of any entity permittee.

(2) The common council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or municipal judge to:

(a) Issue in the name of the city notices of hearings requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(b) Take the evidence;

(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the common council for action thereon.

(3) After the common council or its designee has reviewed the evidence, it may issue an order to the public works department and the user or person responsible for the discharge that the sewer service be discontinued after a specified time period. Service may be discontinued as ordered unless adequate treatment facilities, devices or other related appurtenances are properly operated; or devices or other related appurtenances are installed on existing treatment facilities. Further orders and directives as are necessary and appropriate may be issued. [Ord. 753A (Art. V § 4), 2002]

13.25.280 Legal action.

In addition to the foregoing, if any person discharges sewage, industrial wastes or other wastes into the city’s wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the courts of Harney County or the city of Burns. [Ord. 753A (Art. V § 5), 2002]

Article VI. Fines and Costs

13.25.290 Penalties.

Violation of or failure to comply with an order of the city or its designee as to any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, is punishable by a fine of $1,000. Each day on which a violation shall occur or continue shall be deemed a separate and distinct violation. [Ord. 753A (Art. VI § 1), 2002]

13.25.300 Fees and costs.

In addition to the penalties provided herein, the city may recover reasonable attorney fees, filing fees, court costs, court reporter fees and other expenses of litigation by appropriate civil suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder. [Ord. 753A (Art. VI § 2), 2002]

13.25.310 Falsifying information.

Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or industrial discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished as a Class B misdemeanor. [Ord. 753A (Art. VI § 3), 2002]

13.25.320 Toxic pollutants list.

Toxic pollutants listed in Section 307(a) of the Federal Clean Water Act of 1977.


Endrin and metabolites







Antimony and


Arsenic and compounds

Heptachlor and metabolites







Beryllium and


Cadmium and

Lead and compounds

Carbon tetrachloride

Mercury and compounds



Chlorinated benzenes

Nickel and compounds

Chlorinated ethanes


Chlorinalkyl ethers




Chlorinated phenols




2-chlorophenol chromium and compounds

Phthalate esters

Copper and compounds

byphenyls (PCB)


Polynuclear aromatic hydrocarbons

DDT and metabolites

Selenium and compounds


Silver and compounds


2,3,7,8,-Tetrachlorodibenzo-p-dioxin (TCDD)


2,4-dichlorophenol Tetrachloroethylene


Thallium and compounds








Vinyl chloride

Endosulfan and

Zinc and compounds

[Ord. 753A (Art. VI § 4), 2002]